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1 | | AN ACT concerning wildlife.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 2. The Fish and Aquatic Life Code is amended by |
5 | | changing Section 20-105 as follows:
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6 | | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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7 | | Sec. 20-105. Revocation and suspension; refusal to issue.
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8 | | (a) Whenever a license or permit is issued to any person |
9 | | under this Code
and its holder is found guilty of any |
10 | | misrepresentation in obtaining the
license or permit or of a |
11 | | violation of Section 48-3 of the Criminal Code of 2012 or a |
12 | | violation of any of the provisions of this Code,
including |
13 | | administrative rules, the license or permit may be revoked by |
14 | | the
Department and the Department may refuse to issue any |
15 | | permit or license to
that person and may suspend the person |
16 | | from engaging in the activity
requiring the permit or license |
17 | | for a period of time not to exceed 5 years
following the |
18 | | revocation. Department revocation procedure shall be
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19 | | established by administrative rule.
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20 | | (b) Whenever any person who has not been issued a license |
21 | | or a permit
under the provisions of this Code is found guilty |
22 | | of a violation of Section 48-3 of the Criminal Code of 2012 or |
23 | | a violation of the
provisions of this Code, including |
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1 | | administrative rules, the Department may
refuse to issue any |
2 | | permit or license to that person, and suspend that
person from |
3 | | engaging in the activity requiring the permit or license for a
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4 | | period of time not to exceed 5 years.
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5 | | (c) Any person who knowingly or intentionally violates any
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6 | | of the provisions of this Code, including administrative rules, |
7 | | during the
5 years following the revocation of his or her |
8 | | license or permit under
subsection (a) or during the time he is |
9 | | suspended under subsection
(b), shall be guilty of a Class A |
10 | | misdemeanor as provided in Section 20-35. The penalties for a |
11 | | violation of Section 48-3 of the Criminal Code of 2012 shall be |
12 | | as provided in that Section.
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13 | | (d) A person whose license or permit to engage in any |
14 | | activity regulated
by this
Code has been suspended or revoked |
15 | | may not, during the period of the suspension
or
revocation or |
16 | | until obtaining such a license or permit, (i) be in the company
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17 | | of any person
engaging in the activity covered by the |
18 | | suspension or revocation or (ii) serve
as a guide,
outfitter, |
19 | | or facilitator for a person who is engaged or prepared to |
20 | | engage in
the activity
covered by the suspension or revocation.
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21 | | (e) No person may be issued or obtain a license or permit |
22 | | or engage in any
activity regulated by this Code during the |
23 | | time that the person's privilege to
engage in the
same or |
24 | | similar activities is suspended or revoked by another state, by |
25 | | a
federal agency,
or by a province of Canada.
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26 | | (Source: P.A. 91-545, eff. 8-14-99.)
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1 | | Section 3. The Wildlife Code is amended by changing Section |
2 | | 3.36 as follows:
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3 | | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
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4 | | Sec. 3.36. Revocation and suspension.
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5 | | (a) Whenever a license or permit is issued to any person
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6 | | under this Act, and the holder thereof is found guilty of any
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7 | | misrepresentation in obtaining such license or permit or of a |
8 | | violation of Section 48-3 of the Criminal Code of 2012 or a |
9 | | violation of
any of the provisions of this Act, including |
10 | | administrative rules, his
license or permit may be revoked by |
11 | | the Department, and the Department may
refuse to issue any |
12 | | permit or license to such person and may suspend the
person |
13 | | from engaging in the activity requiring the permit or license |
14 | | for a
period of time not to exceed 5 years following such |
15 | | revocation.
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16 | | Department revocation procedures shall be established by |
17 | | Administrative
rule.
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18 | | (b) Whenever any person who has not been issued a license |
19 | | or a permit
under the provisions of this Code is found guilty |
20 | | of a violation of Section 48-3 of the Criminal Code of 2012 or |
21 | | a violation of the
provisions of this Code, including |
22 | | administrative rules, the Department may
refuse to issue any |
23 | | permit or license to that person, and suspend that
person from |
24 | | engaging in the activity requiring the permit or license for a
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1 | | period of time not to exceed 5 years.
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2 | | (c) Any person who knowingly or intentionally violates any |
3 | | of the
provisions of this Act, including administrative rules, |
4 | | during such period
when his license or permit is revoked or |
5 | | denied by virtue of this Section
or during the time he is |
6 | | suspended under subsection (b), shall be guilty of
a Class A |
7 | | misdemeanor. The penalties for a violation of Section 48-3 of |
8 | | the Criminal Code of 2012 shall be as provided in that Section.
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9 | | (d) Licenses and permits authorized to be issued under the |
10 | | provisions of
this Act shall be prepared by the Department and |
11 | | be in such form as
prescribed by the Department. The |
12 | | information required on each license
shall be completed thereon |
13 | | by the issuing agent or his sub-agent at the
time of issuance |
14 | | and each license shall be signed by the licensee, or
initialed |
15 | | by the designated purchaser and then signed immediately upon |
16 | | receipt
by the licensee, and
countersigned by the issuing agent |
17 | | or his sub-agent at the time of
issuance. All such licenses |
18 | | shall be supplied by the Department, subject to
such rules and |
19 | | regulations as the Department may prescribe. Any license not
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20 | | properly prepared, obtained and signed as required by this Act |
21 | | shall be
void.
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22 | | (e) A person whose license or permit to engage in any |
23 | | activity regulated
by
this
Code has been suspended or revoked |
24 | | may not, during the period of the suspension
or
revocation or |
25 | | until obtaining such a license or permit, (i) be in the company
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26 | | of any person
engaging in the activity covered by the |
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1 | | suspension or revocation or (ii) serve
as a guide,
outfitter, |
2 | | or facilitator for a person who is engaged or prepared to |
3 | | engage in
the activity
covered by the suspension or revocation.
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4 | | (f) No person may be issued or obtain a license or permit |
5 | | or engage in any
activity
regulated by this Code during the |
6 | | time that the person's privilege to engage in
the same
or |
7 | | similar activities is suspended or revoked by another state, by |
8 | | a federal
agency, or by a
province of Canada.
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9 | | (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
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10 | | Section 5. The Criminal Code of 2012 is amended by changing |
11 | | Section 48-3 as follows: |
12 | | (720 ILCS 5/48-3) |
13 | | Sec. 48-3. Hunter or fisherman interference. |
14 | | (a) Definitions. As used in this Section: |
15 | | "Aquatic life" means all fish, reptiles, amphibians, |
16 | | crayfish, and mussels the taking of which is
authorized
by |
17 | | the Fish and Aquatic Life Code. |
18 | | "Interfere with" means to take any action that |
19 | | physically impedes, hinders,
or obstructs the lawful |
20 | | taking of wildlife or aquatic life. |
21 | | "Taking" means the capture or killing of wildlife or |
22 | | aquatic life and
includes
travel, camping, and other acts |
23 | | preparatory to taking which occur on lands
or waters upon |
24 | | which the affected person has the right or privilege to |
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1 | | take
such wildlife or aquatic life. |
2 | | "Wildlife" means any wildlife the taking of which is
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3 | | authorized
by the Wildlife Code and includes those species |
4 | | that are lawfully
released by properly licensed permittees |
5 | | of the Department of Natural
Resources. |
6 | | (b) A person commits hunter or fisherman interference when |
7 | | he or she intentionally or knowingly: |
8 | | (1) obstructs or interferes with the lawful taking of
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9 | | wildlife or aquatic life by another person with the |
10 | | specific
intent to prevent that lawful taking; |
11 | | (2) drives or disturbs wildlife or aquatic life for the |
12 | | purpose of disrupting a lawful
taking of wildlife or |
13 | | aquatic life; |
14 | | (3) blocks, impedes, or physically harasses another |
15 | | person who is engaged
in the process of lawfully taking |
16 | | wildlife or aquatic life; |
17 | | (4) uses natural or artificial visual, aural, |
18 | | olfactory, gustatory, or
physical stimuli to affect |
19 | | wildlife or aquatic life behavior in order to hinder or |
20 | | prevent the
lawful taking of wildlife or aquatic life; |
21 | | (5) erects barriers with the intent to deny ingress or |
22 | | egress to or from
areas where the lawful taking of wildlife |
23 | | or aquatic life may occur; |
24 | | (6) intentionally interjects himself or herself into |
25 | | the line of fire or fishing lines of a
person lawfully |
26 | | taking wildlife or aquatic life; |
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1 | | (7) affects the physical condition or placement of |
2 | | personal or public
property intended for use in the lawful |
3 | | taking of wildlife or aquatic life in order to
impair the |
4 | | usefulness of the property or prevent the use of the |
5 | | property; |
6 | | (8) enters or remains upon or over private lands |
7 | | without the permission of
the
owner or the owner's agent, |
8 | | with the intent to violate this subsection; or |
9 | | (9) fails to obey the order of a peace officer to |
10 | | desist from conduct
in violation of this subsection (b) if |
11 | | the officer observes the conduct,
or has reasonable grounds |
12 | | to believe that the person has engaged in the conduct that |
13 | | day or that the person plans or intends to engage in the |
14 | | conduct
that day on a specific premises ; or . |
15 | | (10) uses a drone in a way that interferes with another |
16 | | person's lawful taking of
wildlife or aquatic life. For the |
17 | | purposes of this paragraph (10), "drone" means any aerial |
18 | | vehicle that does not carry a human operator. |
19 | | (c) Exemptions; defenses. |
20 | | (1) This Section does not apply to actions performed by |
21 | | authorized employees of
the Department of Natural |
22 | | Resources, duly accredited officers of the U.S. Fish
and |
23 | | Wildlife Service, sheriffs, deputy sheriffs, or other |
24 | | peace officers if the
actions are authorized by law and are |
25 | | necessary for the performance of their
official duties. |
26 | | (2) This Section does not apply to landowners, tenants, |
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1 | | or lease holders
exercising their legal rights to the |
2 | | enjoyment of land, including, but not
limited to, farming |
3 | | and restricting trespass. |
4 | | (3) It is an affirmative defense to a prosecution for a |
5 | | violation of this
Section that the defendant's conduct is |
6 | | protected by his or her right to
freedom of speech under |
7 | | the constitution of this State or the United States. |
8 | | (4) Any interested parties may engage in protests or |
9 | | other free speech activities
adjacent to or on the |
10 | | perimeter of the location where the lawful taking of |
11 | | wildlife or aquatic life is taking place, provided that |
12 | | none of the provisions of this Section
are being violated. |
13 | | (d) Sentence. A first violation of paragraphs (1) through |
14 | | (8) of subsection (b) is a Class B misdemeanor. A second or |
15 | | subsequent violation of
paragraphs (1) through (8) of |
16 | | subsection (b) is a Class A misdemeanor for which imprisonment |
17 | | for not less than 7 days shall be imposed. A
person guilty of a |
18 | | second or subsequent violation of paragraphs (1) through (8) of |
19 | | subsection (b) is not
eligible for court
supervision. A |
20 | | violation of paragraph (9) or (10) of subsection (b) is a Class |
21 | | A misdemeanor. A court shall revoke, for a period of one year |
22 | | to 5 years, any Illinois
hunting, fishing, or trapping |
23 | | privilege, license or permit of any person
convicted of |
24 | | violating any provision of this Section. For
purposes of this |
25 | | subsection, a "second or subsequent violation" means a |
26 | | conviction
under paragraphs (1) through (8) of subsection (b) |
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1 | | of this Section within 2 years of a prior violation arising |
2 | | from a separate set
of circumstances. |
3 | | (e) Injunctions; damages. |
4 | | (1) Any court may enjoin conduct which would be in |
5 | | violation
of paragraphs (1) through (8) or (10) of |
6 | | subsection (b) upon petition by a person affected or who |
7 | | reasonably
may be affected by the conduct, upon a showing |
8 | | that the conduct is threatened
or that it has occurred on a |
9 | | particular premises in the past and that it
is not |
10 | | unreasonable to expect that under similar circumstances it |
11 | | will be
repeated. |
12 | | (2) A court shall award all resulting costs and damages |
13 | | to any person
adversely affected by a violation of |
14 | | paragraphs (1) through (8) or (10) of subsection (b), which |
15 | | may include an award for
punitive damages. In addition to |
16 | | other items of special damage, the measure of
damages may |
17 | | include expenditures of the affected person for license and |
18 | | permit
fees, travel, guides, special equipment and |
19 | | supplies, to the extent that these
expenditures were |
20 | | rendered futile by prevention of the taking of wildlife or |
21 | | aquatic life.
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22 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.
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